CHAPTER 76
HOUSE BILL No. 2329
An Act concerning the Kansas wage payment act; definitions;
amending K.S.A. 44-313 and
44-323 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-313 is hereby
amended to read as follows: 44-
313. As used in this act: (a) ``Employer'' means any individual,
partner-
ship, association, joint stock company, trust, corporation,
limited liability
company or other organization, the administrator or executor
of the estate
of a deceased individual, or the receiver, trustee, or successor of
any of
the same, the state of Kansas or any department, agency or
authority of
the state, any city, county, school district or other political
subdivision,
municipality or public corporation and any instrumentality thereof,
em-
ploying any person.
(b) ``Employee'' means any person allowed
or permitted to work by
an employer.
(c) ``Wages'' means compensation for
labor or services rendered by
an employee, whether the amount is determined on a time, task,
piece,
commission or other basis less authorized withholding and
deductions.
(d) ``Secretary'' means the secretary of
human resources.
Sec. 2. K.S.A. 44-323 is hereby
amended to read as follows: 44-323.
(a) At the discretion of the presiding officer, interest, as
provided under
K.S.A. 16-201, and amendments thereto, may be assessed on wage
claims
found to be due and owing from the date the wages were due as
defined
in K.S.A. 44-314, and amendments thereto.
(b) In case of violation of
K.S.A. 44-314, and amendments thereto or
44-315, and amendments thereto, by a corporate employer,
either the
corporation or any officer thereof or any agent having the
management
of the corporation who knowingly permits the corporation to
engage in
such violation shall be deemed the employer for purposes of
this act Any
officer, manager, major shareholder or other person who has
charge of
the affairs of an employer, and who knowingly permits the
employer to
engage in violations of K.S.A. 44-314 or 44-315, and amendments
thereto,
may be deemed the employer for purposes of this act.
Sec. 3. K.S.A. 44-313 and 44-323 are hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 14, 2003.
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